§ Rule 59(j) After service by publication

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > VII Judgment > Rule 59 > Rule 59(j)

Rule 59(j). After service by publication

    1. When judgment has been rendered on service by publication, and the defendant has not appeared, a new trial may be granted upon application of the defendant for good cause shown by affidavit, made within one year after rendition of the judgment.

    2. Execution of the judgment shall not be stayed unless the defendant gives bond, approved by the clerk, in double the amount of the judgment or value of the property adjudged, payable to the plaintiff in the judgment, conditioned that the party will prosecute the application for new trial to effect, and will satisfy such judgment as may be rendered by the court should its decision be against the defendant.